The Constitutional Chamber ordered, by majority, the Public Services Regulatory Authority (Aresep) to issue the pending regulation to promote the use of renewable energies as mandated by Law 10086.
This law allows companies and individuals to generate electricity for self-consumption and sell the surplus to electricity distribution companies.
The regulation established a six-month deadline to approve the corresponding tariffs for auxiliary services and another twelve-month deadline to issue the tariffs and regulatory instruments necessary to properly integrate distributed energy resources into the National Electric System.
However, according to the Chamber, several years after the law came into force, these obligations remained unfulfilled, generating legal and economic uncertainty for companies interested in participating in this market.
The law dates back to 2021, but the magistrates confirmed that the deadlines ordered in the law expired in July 2022 and January 2023, without the respective regulation being issued.
“Although the Constitutional Court recognized the efforts made by Aresep, it considered that the delay is disproportionate and maintains a situation of uncertainty that affects both the economic actors involved and the effective implementation of Law 10086,” says the Chamber’s statement.
For the magistrates, beyond the technical aspects, the lack of regulation limits the operation and effectiveness of the model designed by the legislator, which seeks “to promote environmentally sustainable electricity generation schemes that drive the energy transition, decarbonization, diversification of renewable sources, and the rational use of energy resources.”
In the ruling voted on June 9, they ordered Erick Bogantes Cabezas, as general regulator of Aresep, to issue, within 12 months, the provisions ordered by Law 10086.
He was warned of possible criminal penalties for non-compliance. The State was ordered to pay costs, damages, and losses. Magistrate Paul Rueda Leal dissented and rejected the injunction.
